August 22, 2006
COMPLETELY NUDE WE BARE ALL
I bet that will spike the hits for this week!
The Eighth Circuit has struck down a statute that heavily regulated billboards like that one. In Passion Video, Inc. v. Nixon, the court struck down a statute that would have prohibited billboards for adult businesses within one mile of a highway, reversing the district court's conclusion that it was a permissible regulation of commercial speech. The statute didn't simply prohibit statements that are, to say the least, awkward to explain to children, but went so far as to preclude even putting up the name of the business (though, come to think of it, sometimes even those are hard to explain to children).
For reaction, go to this story over at law.com. The state will apparently seek en banc rehearing before seeking cert., and the legislature is pondering a different tact as well.
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Readers on this list will find it of interest that the statute in this case was initially prepared by a group of students in the Legislation class at the University of Missouri-Kansas City School of Law. I taught the course there one semester for Kris Kobach, who was on leave. Kris had the course structured to have students work in groups doing a drafting project for local legislators. I had them working with the Mo. state senator who wanted this bill. Four students worked on both the bill and a memo defending its constitutionality. The state senator had told me, after the U.S. District court had upheld the statute, that the Mo. AG's brief was largely based on the students' work.
Nice to know that students can be involved in significant projects. Needless to say, the students were quite pleased when (a) their statute was passed and (b) it initially was upheld. Even now, a great learning experience, obviously.
Posted by: Steve Leben | Aug 22, 2006 1:12:30 PM
That's pretty cool. Thanks for sharing that information!
Posted by: David Hricik | Aug 22, 2006 2:27:49 PM